Second Regular Session
Sixty-first General Assembly
LLS NO. R980728.01 JAP
STATE OF COLORADO
BY REPRESENTATIVE Dean
EDUCATION
HOUSE JOINT RESOLUTION 98-1008
WHEREAS, Section 2 of article IX of the Colorado
Constitution requires the General Assembly to provide for the
establishment and maintenance of a thorough and uniform system
of free public schools throughout the state; and
WHEREAS, The school buildings in several school districts
throughout the state are old and in need of significant repair;
and
WHEREAS, Under current law the primary source of
funding for capital construction projects by school districts
is local property tax; and
WHEREAS, The amount and value of real property varies
widely among the school districts in the state, thereby creating
great disparities in the amount of property tax moneys that can
be raised by each school district for capital construction; and
WHEREAS, It has been alleged in Giardino, et al.
v. Colorado State Board of Education, et al., Case No. 98CV0246,
Denver District Court, filed on January 13, 1998, that the current
statutory system for assessing and collecting property tax for
school districts and for financing public schools violates the
constitutional requirement of providing a uniform system of free
public schools throughout the state and other constitutional provisions;
now, therefore,
Be It Resolved by the House of Representatives
of the Sixtyfirst General Assembly of the State of Colorado,
the Senate concurring herein:
(1) That there shall be created an interim
committee to work through the 1998 interim to study the feasibility
of establishing in statute an interestfree loan program
to assist school districts in funding capital development projects.
In studying this issue, the interim committee shall consider,
but is not limited to, the following:
(a) Eligibility requirements for participants
in the program;
(b) The appropriate entity or entities
to manage the program;
(c) Sources of funding for the program;
(d) The types of projects that would be
eligible for funding through the program;
(e) The responsibilities imposed on and
the expectations of the entities participating in the program;
(f) The criteria for granting loans through
the program;
(g) Mechanisms to ensure repayment of
loans granted through the program; and
(h) Any other necessary issues to design
a functional mechanism to assist school districts in obtaining
funds for capital construction projects.
(2) That the interim commission shall
consist of ten legislative members. The Speaker of the House
of Representatives and the President of the Senate shall appoint
the members of the interim committee no later than thirty days
after passage of this Resolution, as follows:
(a) The Speaker of the House of Representatives
shall appoint five representatives to serve on the interim committee,
one of whom shall be named chair of the committee and no more
than three of whom shall be from the same political party. Of
the members appointed by the Speaker of the House of Representatives,
at least one shall be a member of the House Education Committee,
at least one shall be a member of the House Finance Committee,
and at least one shall be a member of the Joint Budget Committee.
(b) The President of the Senate shall
appoint five senators to serve on the interim committee, one of
whom shall be named vicechair of the committee and no more
than three of whom shall be from the same political party. Of
the members appointed by the President of the Senate, at least
one shall be a member of the Senate Education Committee, at least
one shall be a member of the Senate Finance Committee, and at
least one shall be a member of the Joint Budget Committee.
(3) That the chair and vicechair
of the interim committee, with the assistance of the Legislative
Council staff, shall appoint an advisory task force of six members
to assist the committee in performing its study. The chair and
vicechair of the interim committee shall each appoint three
members. The members appointed shall represent the following
groups:
(a) School district boards of education;
(b) School district executives;
(c) Teachers' organizations;
(d) Parents of children attending public
schools; and
(e) The business community.
(4) That the interim committee shall make
findings and recommendations regarding the issues reviewed in
this study, including but not limited to any necessary legislation,
and shall submit a written report of the interim committee's findings
and recommendations to the Legislative Council no later than October
15, 1998. Legislation recommended by the interim committee shall
also be recommended to the Legislative Council no later than October
15, 1998, in accordance with Joint Rule No. 24 (b) (1) (D) of
the Joint Rules of the Senate and House of Representatives.
(5) That the interim committee shall meet
at least three times to fulfill its responsibilities in this study.
(6) That the members of the interim committee
shall be compensated in accordance with section 22307,
C.R.S., for attendance at meetings of the interim committee and
of the advisory task force.
(7) That the members of the advisory task
force shall serve without compensation.
(8) That the Legislative Council staff
and the Office of Legislative Legal Services shall be made available
to assist the interim committee in carrying out its duties. All
personnel of the Department of Education shall cooperate with
the interim committee and with any persons assisting the interim
committee, including the advisory task force, in carrying out
their duties.
(9) That all expenditures incurred while conducting this study shall be approved by the chair of the Legislative Council and paid by vouchers and warrants drawn as provided by law from moneys allocated to the Legislative Council for legislative studies from appropriations made by the General Assembly.